67082 Federal Register / Vol. 71, No.
223 / Monday, November 20, 2006 / Proposed Rules
Flight Standards Certificate Holding District
Office.
Related Information
(i) Canadian airworthiness directive CF–
2006–16, dated July 6, 2006, also addresses
the subject of this AD.
Issued in Renton, Washington, on
November 8, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–19539 Filed 11–17–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–26354; Directorate
Identifier 2006–NM–196–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135 Airplanes
and Model EMB–145, –145ER, –145MR,
–145LR, –145XR, –145MP, and –145EP
Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain EMBRAER Model EMB–135
airplanes and Model EMB–145, –145ER,
–145MR, –145LR, –145XR, –145MP, and
–145EP airplanes. This proposed AD
would require replacing the metallic
tubes enclosing the vent and pilot valve
wires in the left- and right-hand wing
fuel tanks with non-conductive hoses.
This proposed AD results from fuel
system reviews conducted by the
manufacturer. We are proposing this AD
to prevent an ignition source inside the
fuel tank that could ignite fuel vapor
and cause a fuel tank explosion and loss
of the airplane.
DATES: We must receive comments on
this proposed AD by December 20,
2006.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go to
http://dms.dot.gov and follow the
sroberts on PROD1PC70 with PROPOSALS
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to http://www.regulations.gov
and follow the instructions for sending
your comments electronically.
VerDate Aug<31>2005 17:07 Nov 17, 2006 Jkt 211001
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for service
information identified in this proposed
AD.
FOR FURTHER INFORMATION CONTACT:
Rosanne Ryburn, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–2139;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed in the
ADDRESSES section. Include the docket
number ‘‘FAA–2006–26354; Directorate
Identifier 2006–NM–196–AD’’ at the
beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
the proposed AD. We will consider all
comments received by the closing date
and may amend the proposed AD in
light of those comments.
We will post all comments we
receive, without change, to http://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed AD.
Using the search function of that Web
site, anyone can find and read the
comments in any of our dockets,
including the name of the individual
who sent the comment (or signed the
comment on behalf of an association,
business, labor union, etc.). You may
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you may visit http://
dms.dot.gov.
Examining the Docket
You may examine the AD docket on
the Internet at http://dms.dot.gov, or in
person at the Docket Management
Facility office between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The Docket
PO 00000 Frm 00011 Fmt 4702 Sfmt 4702
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level of the Nassif Building at the DOT
street address stated in the ADDRESSES
section. Comments will be available in
the AD docket shortly after the Docket
Management System receives them.
Discussion
The FAA has examined the
underlying safety issues involved in fuel
tank explosions on several large
transport airplanes, including the
adequacy of existing regulations, the
service history of airplanes subject to
those regulations, and existing
maintenance practices for fuel tank
systems. As a result of those findings,
we issued a regulation titled ‘‘Transport
Airplane Fuel Tank System Design
Review, Flammability Reduction and
Maintenance and Inspection
Requirements’’ (66 FR 23086, May 7,
2001). In addition to new airworthiness
standards for transport airplanes and
new maintenance requirements, this
rule included Special Federal Aviation
Regulation No. 88 (‘‘SFAR 88,’’
Amendment 21–78, and subsequent
Amendments 21–82 and 21–83).
Among other actions, SFAR 88
requires certain type design (i.e., type
certificate (TC) and supplemental type
certificate (STC)) holders to substantiate
that their fuel tank systems can prevent
ignition sources in the fuel tanks. This
requirement applies to type design
holders for large turbine-powered
transport airplanes and for subsequent
modifications to those airplanes. It
requires them to perform design reviews
and to develop design changes and
maintenance procedures if their designs
do not meet the new fuel tank safety
standards. As explained in the preamble
to the rule, we intended to adopt
airworthiness directives to mandate any
changes found necessary to address
unsafe conditions identified as a result
of these reviews.
In evaluating these design reviews, we
have established four criteria intended
to define the unsafe conditions
associated with fuel tank systems that
require corrective actions. The
percentage of operating time during
which fuel tanks are exposed to
flammable conditions is one of these
criteria. The other three criteria address
the failure types under evaluation:
single failures, single failures in
combination with a latent condition(s),
and in-service failure experience. For all
four criteria, the evaluations included
consideration of previous actions taken
that may mitigate the need for further
action.
We have determined that the actions
identified in this AD are necessary to
E:\FR\FM\20NOP1.SGM 20NOP1
 Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Proposed Rules
reduce the potential of ignition sources
inside fuel tanks, which, in combination
with flammable fuel vapors, could result
in fuel tank explosions and consequent
loss of the airplane.
The Agência Nacional de Aviação
Civil (ANAC), which is the
airworthiness authority for Brazil,
notified us that an unsafe condition may
exist on certain EMBRAER Model EMB–
135 airplanes and Model EMB–145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes. The
ANAC advises that sparking may occur
between wires of the vent and pilot
valves of the pressure refueling system
inside the wing fuel tanks and the
metallic tubes enclosing the wires. This
condition, if not corrected, could
provide an ignition source inside the
fuel tank that could ignite fuel vapor
and cause a fuel tank explosion and loss
of the airplane.
Relevant Service Information
EMBRAER has issued Service
Bulletins 145–28–0023, Revision 05,
dated May 15, 2006 (for Model EMB–
135ER, –135KE, –135KL, –135LR, –145,
–145ER, –145MR, –145LR, –145XR,
–145MP, and –145EP airplanes), and
145LEG–28–0018, Revision 01, dated
April 20, 2005 (for Model EMB–135BJ
airplanes). The service bulletins
describe procedures for replacing the
metallic tubes enclosing the vent and
pilot valve wires in the left- and right-
hand wing fuel tanks with non-
conductive hoses. Accomplishing the
actions specified in the service
information is intended to adequately
address the unsafe condition. The
ANAC mandated the service
information and issued Brazilian
airworthiness directive 2006–06–02,
dated June 28, 2006, to ensure the
continued airworthiness of these
airplanes in Brazil.
FAA’s Determination and Requirements
of the Proposed AD
These airplane models are
manufactured in Brazil and are type
certificated for operation in the United
States under the provisions of section
21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness
agreement. Pursuant to this bilateral
airworthiness agreement, the ANAC has
kept the FAA informed of the situation
described above. We have examined
sroberts on PROD1PC70 with PROPOSALS
ANAC’s findings, evaluated all
pertinent information, and determined
that we need to issue an AD for
airplanes of this type design that are
certificated for operation in the United
States.
VerDate Aug<31>2005 17:07 Nov 17, 2006 Jkt 211001
Therefore, we are proposing this AD,
which would require accomplishing the
actions specified in the service
information described previously.
Costs of Compliance
This proposed AD would affect about
620 airplanes of U.S. registry. The
proposed actions would take about 1
work hour per airplane, at an average
labor rate of $80 per work hour.
Required parts would cost between
$1,121 and $1,796 per airplane. Based
on these figures, the estimated cost of
the proposed AD for U.S. operators is
between $744,620, and $1,163,120, or
between $1,201 and $1,876 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in subtitle VII,
part A, subpart III, section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
PO 00000 Frm 00012 Fmt 4702 Sfmt 4702
67083
AD docket. See the ADDRESSES section
for a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13 [Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2006–
26354; Directorate Identifier 2006–NM–
196–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by December 20, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
EMB–135BJ, –135ER, –135KE, –135KL, and
–135LR airplanes and Model EMB–145,
–145ER, –145MR, –145LR, –145XR, –145MP,
and –145EP airplanes, certificated in any
category; as identified in EMBRAER Service
Bulletins 145–28–0023, Revision 05, dated
May 15, 2006, and 145LEG–28–0018,
Revision 01, dated April 20, 2005.
Unsafe Condition
(d) This AD results from fuel system
reviews conducted by the manufacturer. We
are issuing this AD to prevent an ignition
source inside the fuel tank that could ignite
fuel vapor and cause a fuel tank explosion
and loss of the airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Tube Replacement
(f) Within 5,000 flight hours or 48 months
after the effective date of this AD, whichever
occurs first, replace the metallic tubes
enclosing the vent and pilot valve wires in
the left- and right-hand wing fuel tanks with
new, improved, non-conductive hoses, in
accordance with the Accomplishment
Instructions of the service bulletin specified
in paragraph (f)(1) or (f)(2) of this AD, as
applicable.
E:\FR\FM\20NOP1.SGM 20NOP1
 67084 Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Proposed Rules
(1) For Model EMB–135ER, –135KE,
–135KL, –135LR, –145, –145ER, –145MR,
–145LR, –145XR, –145MP, and –145EP
airplanes: EMBRAER Service Bulletin 145–
28–0023, Revision 05, dated May 15, 2006.
Service Bulletin
145–28–0023 .........................................................................
145–28–0023 .........................................................................
145–28–0023 .........................................................................
145–28–0023 .........................................................................
145–28–0023 .........................................................................
145LEG–28–0018 ..................................................................
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, ANM–116,
International Branch, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(i) Brazilian airworthiness directive 2006–
06–02, dated June 28, 2006, also addresses
the subject of this AD.
Issued in Renton, Washington, on
November 8, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–19540 Filed 11–17–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–26191; Directorate
Identifier 2006–CE–60–AD]
RIN 2120–AA64
Airworthiness Directives; EADS
SOCATA Model TBM 700 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
sroberts on PROD1PC70 with PROPOSALS
(NPRM).
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
VerDate Aug<31>2005 17:07 Nov 17, 2006 Jkt 211001
(2) For Model EMB–135BJ airplanes:
EMBRAER Service Bulletin 145LEG–28–
0018, Revision 01, dated April 20, 2005.
Credit for Actions Accomplished Using Prior
Revisions of Service Information
(g) Actions accomplished before the
effective date of this AD in accordance with
TABLE 1.—EMBRAER SERVICE INFORMATION
04 ...........................................................................................
03 ...........................................................................................
02 ...........................................................................................
01 ...........................................................................................
Original ..................................................................................
Original ..................................................................................
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as an excessive lateral play
caused by a nonconforming washer
might lead to the deterioration of the
elevator trim tab bearing fatigue
resistance. The proposed AD would
require actions that are intended to
address the unsafe condition described
in the MCAI.
DATES: We must receive comments on
this proposed AD by December 20,
2006.
ADDRESSES: You may send comments by
any of the following methods:
• DOT Docket Web Site: Go to
http://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Fax: (202) 493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on
the Internet at http://dms.dot.gov; or in
person at the Docket Management
Facility between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
proposed AD, the regulatory evaluation,
any comments received, and other
information. The street address for the
Docket Office (telephone (800) 647–
5227) is in the ADDRESSES section.
PO 00000 Frm 00013 Fmt 4702 Sfmt 4702
the service information specified in Table 1
of this AD are considered acceptable for
compliance with the corresponding actions
specified in this AD.
Revision level Dated
November 7, 2005.
April 27, 2005.
November 8, 2004.
June 9, 2004.
April 19, 2004.
April 23, 2004.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Albert J. Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri, 64106; telephone: (816) 329–
4119; fax: (816) 329–4090.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new
process for streamlining the issuance of
ADs related to MCAI. The streamlined
process will allow us to adopt MCAI
safety requirements in a more efficient
manner and will reduce safety risks to
the public. This process continues to
follow all FAA AD issuance processes to
meet legal, economic, Administrative
Procedure Act, and Federal Register
requirements. We also continue to meet
our technical decision-making
responsibilities to identify and correct
unsafe conditions on U.S.-certificated
products.
This proposed AD references the
MCAI and related service information
that we considered in forming the
engineering basis to correct the unsafe
condition. The proposed AD contains
text copied from the MCAI and for this
reason might not follow our plain
language principles.
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2006–26191; Directorate Identifier
2006–CE–60–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
E:\FR\FM\20NOP1.SGM 20NOP1